Mennonite Church USA v. U.S. Department of Homeland Security
Overview
Overview
12 national denominational bodies and representatives, 4 regional denominational bodies, and 11 denominational and interdenominational associations sued the Trump administration over the change in policy that allows ICE and CBP officers to conduct immigration enforcement at places of worship.
The Issue
Issue
Whether the Trump administration's policy change permitting ICE and CBP immigration enforcement at places of worship violates the First Amendment's Free Exercise Clause and/or the Religious Freedom Restoration Act (RFRA), or constitutes arbitrary agency action under the Administrative Procedure Act.
The Rules
Rule
Under the Free Exercise Clause and RFRA, governmental actions that substantially burden religious exercise must satisfy strict scrutiny and further a compelling interest by the least restrictive means. Under the APA, agency policy changes must be supported by reasoned explanation and not be arbitrary or capricious.
The Application
Analysis
The plaintiff churches argue that enforcement operations at places of worship substantially burden their religious practice of providing sanctuary and worship free from state interference, and that the government cannot demonstrate a compelling interest that justifies this burden by the least restrictive means. The churches further contend the policy change lacks adequate explanation under APA standards.
The Conclusion
Conclusion
The case is active and pending before Judge Dabney L. Friedrich in the D.C. District Court. The plaintiffs seek preliminary and permanent injunctive relief enjoining the enforcement policy and a declaration that the policy violates constitutional and statutory protections for religious exercise.
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